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| TITLE | Supreme Court en banc Decision 2015Du295 Decided November 19, 2015【Revocation of Disposition Restricting Operating Hours, etc.】 [full Text] |
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| Summary | |
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[1] Where a subsequent disposition pertains to partially adding, withdrawing, and changing the contents ― which are not by nature indivisible with other contents ― of a previous administrative disposition based on the premise that the previous disposition is valid, whether the previous disposition can be subject to appeal litigation (affirmative); Where there is a subsequent disposition pertaining to changing the contents of a previous disposition, how the court finalizes an administrative disposition subject to appeal litigation [2] Whether superstores should be considered as a whole ― depending on the form of establishment and registration ― to determine whether they constitute a large retailer subject to regulation (such as restriction in operating hours) pursuant to Article 12-2(1) through (3) of the former Distribution Industry Development Act (affirmative in principle) [3] Where a person who opened a superstore (“operator”) subject to restrictions of operating hours, etc. operates directly-run stores as well as leased stores, whether the leased store operator (“lessee”) is subject to disposition separate from the operator (negative) [4] Matters to consider when determining whether an administrative agency’s disposition on restricting operating hours and designating mandatory closing dates pursuant to Article 12-2(1) through (3) of the former Distribution Industry Development Act is an excess or abuse of discretionary power |
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